Gellner et al v. Kennedy et al
| Chad Gellner, Melvyn Klein and Matthew Rufo |
| Rebekah Dopp, Christine St. Clare, Maryscott Greenwood, Mark Castaneda, Michael Auerbach and Brendan Kennedy |
| Tilray, Inc. |
| 1:2020cv04618 |
| June 16, 2020 |
| US District Court for the Southern District of New York |
| Paul A Crotty |
| Stockholders Suits |
| Plaintiff |
Docket Report
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| Magistrate Judge Jennifer Willis is so redesignated. (wb) |
Filing 15
JOINT STIPULATION AND ORDER CONSOLIDATING RELATED SHAREHOLDER DERIVATIVE ACTIONS AND ESTABLISHING A LEADERSHIP STRUCTURE: 1. The following actions are hereby consolidated for all purposes, including pre-trial proceedings and any trial, under Case No. 1:20-cv-4135-PAC-DCF (the "Consolidated Action"), pursuant to Federal Rule of Civil Procedure 42(a): (As further set forth herein.) IT IS SO ORDERED this 3d day of January, 2022. (Signed by Judge Paul A. Crotty on 1/3/2022) Filed In Associated Cases: 1:20-cv-04135-PAC, 1:20-cv-04618-PAC (va) Modified on 1/11/2022 (va).
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Filing 14
JOINT STIPULATION AND ORDER CONSOLIDATING RELATED SHAREHOLDER DERIVATIVE ACTIONS AND ESTABLISHING A LEADERSHIP STRUCTURE: WHEREFORE, the parties, through their undersigned counsel, hereby agree, stipulate, and respectfully request that the Court enter an Order as follows: 1. The following actions are hereby consolidated for all purposes, including pre-trial proceedings and any trial, under Case No. I :20-cv-04135-PAC-DCF (the "Consolidated Action"), pursuant to Federal Rule of Civil Procedure 42(a): Hu v. Kennedy, el al. - 1:20-cv-04135-PAC-DCF - filed on May 29, 2020. Ge liner, et al. v. Kennedy, et al. - 1 :20-cv-04618 - filed on June 16, 2020. 2. Every pleading filed in the Consolidated Action, or in any separate action included herein, must bear the following caption: IN RE TILRAY, INC. DERIVATIVE LITIGATION; Lead Case No. I :20-cv-04135-PAC-DCF. 3. All papers filed in connection with the Consolidated Action will be maintained in one file under Lead Case No. 1:20-cv-04135-PAC-DCF. Co-Lead Counsel for Plaintiffs for the conduct of the Consolidated Action shall be: THE BROWN LAW FIRM, P.C. Timothy Brown 240 Townsend Square Oyster Bay, NY 11771 Telephone: (516) 922-5427. Facsimile: (516) 344-6204. Email: tbrown@thebrownlawfirm.net. GAINEY McKENNA & EGLESTON Thomas J. McKenna Gregory M. Egleston 501 Fifth Avenue, 19th Floor New York, NY 10017. Telephone: (212) 983-1300. Facsimile: (212) 983-0383. Email: tjmckenna@gme-law.com. Email: gegleston@gme-law.com. 5. Plaintiffs' Co-Lead Counsel shall have the sole authority to speak for Plaintiffs in all matters regarding pre-trial procedure, trial, and settlement negotiations and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive effort. 6. Co-Lead Counsel shall be responsible for coordinating all activities and appearances on behalf of Plaintiffs. No motion, request for discovery, or other pre-trial or trial proceedings will be initiated or filed by any plaintiffs except through Co-Lead Counsel. 7. Defendants' counsel may rely upon all agreements made with Co-Lead Counsel, or other duly authorized representatives of Co-Lead Counsel, and such agreements shall be binding on all plaintiffs. 8. This Order shall apply to each derivative case arising out of the same, or substantially the same, transactions or events as the Consolidated Action, that is subsequently filed in, removed to, reassigned to, or transferred to this Court. When a derivative case that properly belongs as part of In re Ti/ray, Inc. Derivative Litigation, Lead Case No. 1 :20-cv-04135-PAC-DCF, is hereafter filed in this Court, reassigned to this Court, or transferred here from another court, this Court requests the assistance of counsel in calling to the attention of the Clerk of the Court the filing, reassignment, or transfer of any derivative case that might properly be consolidated as part of In re Tilray, Inc. Derivative Litigation, Lead Case No. 1:20-cv-04135-PAC-DCF, and counsel are to assist in assuring that counsel in subsequent actions receive notice of this order. 9. The Individual Defendants hereby waive service of summons and accept service of the complaints filed in the Hu Action and the Gellner Action, preserving all defenses and objections to the initial complaints including, but not limited to, the Court's jurisdiction, but waiving only any objections to insufficient process or insufficient service of process. 10. Nominal defendant Tilray hereby waives service of summons and accepts service of the complaint filed in the Ge liner Action, preserving all defenses and objections to the initial complaint including, but not limited to, the Court's jurisdiction, but waiving only any objections to insufficient process or insufficient service of process. 11. The parties shall submit a proposed schedule to the Court within thirty (30) days of entry of this Order. 12. Defendants are not required to answer or otherwise respond to the respective complaints filed in the Consolidated Action until the deadline set forth in the Court's order on the parties' proposed schedule. 13. This Stipulation is without prejudice to any and all defenses Defendants may assert in this or any of the above-referenced actions and without prejudice to any and all claims Plaintiffs may assert. IT IS SO ORDERED this 3rd day of January, 2022. (Signed by Judge Paul A. Crotty on 1/3/2022) Filed In Associated Cases: 1:20-cv-04135-PAC, 1:20-cv-04618-PAC (ate) Modified on 1/4/2022 (ate).
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Filing 13
ORDER GRANTING WITHDRAWAL OF APPEARANCE OF TIFFANY A. MIAO: In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declaration, Tiffany A. Miao, of Baker & Hostetler LLP, is hereby withdrawn as counsel for Defendants Brendan Kennedy, Michael Auerbach, Rebekah Dopp, Maryscott Greenwood, Christine St. Clare, and Mark Castaneda and Nominal Defendant Tilray, Inc. Attorney Tiffany Anna Miao terminated. (Signed by Judge Paul A. Crotty on 1/3/2022) (va)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-04135-PAC. (ate) |
| Filing 12 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Michael Auerbach, Mark Castaneda, Rebekah Dopp, Maryscott Greenwood, Brendan Kennedy, Christine St. Clare, Tilray, Inc...(Miao, Tiffany) |
| Minute Entry for proceedings held before Judge Paul A. Crotty: Status Conference held on 12/14/2021. REMARK: Counsel for all sides appeared. The parties in the two derivative matters, 20cv4135 and 20cv4618, requested that their cases be consolidated with each other, and just coordinated with 20cv3459. The Court granted the requested and will sign the proposed order in docket 20cv4618. See transcript for details. (Court Reporter Eve Giniger) (dgo) |
| Filing 11 NOTICE OF APPEARANCE by Zachary Rowen Taylor on behalf of Michael Auerbach, Mark Castaneda, Rebekah Dopp, Maryscott Greenwood, Brendan Kennedy, Christine St. Clare, Tilray, Inc...(Taylor, Zachary) |
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Filing 10
MEMO ENDORSED ORDER granting #9 Motion for Extension of Time. ENDORSEMENT: Motion for a 90-day extension is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/13/2021) (va)
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| Notice of Status Conference: A Status Conference is scheduled to go forward on: Tuesday, December 14, 2021 @ 3:00 PM, via teleconference before Judge Paul A. Crotty. Dial-in: 888-363-4749. Access: 8539662. On the Court's agenda is the status of the joint stipulation and proposed order consolidating related actions, ECF #5 in docket no. 20cv4618. How do the parties wish to proceed in light of the Court's August 6, 2020 order filed in docket no. 20cv3459? Counsel for all three related actions must appear. If the date is not convenient, either party can e-mail three (3) mutually convenient dates to the Courtroom Deputy at: David_C_Gonzalez@nysd.uscourts.gov ----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By: David Gonzalez - Courtroom Deputy).(dgo) |
| Filing 9 MOTION for Extension of Time to Substitute Party. Document filed by Chad Gellner, Melvyn Klein, Matthew Rufo..(McKenna, Thomas) |
| Filing 8 SUGGESTION OF DEATH upon the record as to Plaintiff Melvyn Klein . Document filed by Chad Gellner, Melvyn Klein, Matthew Rufo.(McKenna, Thomas) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Crotty. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03459-PAC. Notice of Assignment to follow. (wb) |
| Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20cv3459. Document filed by Chad Gellner, Melvyn Klein, Matthew Rufo..(McKenna, Thomas) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Thomas James McKenna, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (wb) |
| Filing 6 NOTICE OF APPEARANCE by Tiffany Anna Miao on behalf of Michael Auerbach, Mark Castaneda, Rebekah Dopp, Maryscott Greenwood, Brendan Kennedy, Christine St. Clare, Tilray, Inc...(Miao, Tiffany) |
| Filing 5 PROPOSED STIPULATION AND ORDER. Document filed by Chad Gellner, Melvyn Klein, Matthew Rufo. (Attachments: #1 Exhibit A, #2 Exhibit B).(McKenna, Thomas) |
| Filing 4 NOTICE of Filing of Verification re: #1 Complaint,. Document filed by Melvyn Klein..(McKenna, Thomas) |
| Filing 3 NOTICE OF APPEARANCE by Genevieve Graeme York-Erwin on behalf of Michael Auerbach, Mark Castaneda, Rebekah Dopp, Maryscott Greenwood, Brendan Kennedy, Christine St. Clare, Tilray, Inc...(York-Erwin, Genevieve) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas James McKenna. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Thomas James McKenna, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| CASE REFERRED TO Judge Paul A. Crotty as possibly related to 20cv3459. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(McKenna, Thomas) |
| Filing 1 COMPLAINT against Michael Auerbach, Mark Castaneda, Rebekah Dopp, Maryscott Greenwood, Brendan Kennedy, Christine St. Clare, Tilray, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20282452)Document filed by Melvyn Klein, Matthew Rufo, Chad Gellner..(McKenna, Thomas) |
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